COMPARISON OF WORKERS' COMPENSATION ARRANGEMENTS

BENEFITS

WESTERN

AUSTRALIA

QUEENSLAND

TASMANIA

NORTHERN

TERRITORY

A.C.T.

NEW ZEALAND

The cap on weekly

Normal weekly

Normal weekly

Normal weekly

Average pre 

For a permanent

payments of $977.80 is

earnings (NWE) of

earnings (NWE)

earnings (NWE)

incapacity weekly

employee:

obtained by multiplying by

the worker from

are the average

are a worker's

earnings are the

1.5 the average of the

  the short term

employment

weekly earnings

normal number

worker's weekly

amounts that the ABS

calculation is

publishes as `All

(continuous or

of the worker

of hours per

earnings from all

based on earnings

employees average weekly

intermittent) in the

over the period of

week, at his/her

employment.  The

in the 4 weeks

total earnings in Western

12 months before

12 months ending

hourly rate,

actual weekly

prior to incapacity

Australia' for pay periods

the day of the

at the

including

earnings may be

divided by the

ending in the months of

injury, including

commencement

overtime and

taken into account

number of weeks

May, August, November

amounts paid

of the period of

shift penalties

over a period of 1

in which they were

and February preceding

immediately prior

incapacity

(where worked in

year before the

the financial year. This

derived

to the injury in

a regular and

injury, and includes

amount is indexed

Where it is

  the long term

annually (every 1 July)

overtime, higher

established

overtime if worked

impracticable to

duties, penalties

pattern)

in a regular and

calculation is

Workers whose earnings

compute the

based on earnings,

are prescribed by an

and regular

NWE of the

NWE also

established

from that job, in

industrial award

allowances

worker under

includes:

pattern. S 21(1)

the 52 weeks prior

First 4 weeks:  Weekly

Does not include

that employer,

climate; district;

and S 25

to incapacity,

earnings payable as per

one off periods of

the NWE are

leading hand and

If only employed

divided by the

the relevant industrial

overtime, and

taken to be the

qualification

for a short period

award, plus any over

weeks over which

further exclusions

NWE of a

allowances and

before the injury,

award or

they were derived

service payment paid on a

also apply as per

person employed

service grants

then average pre 

For a non 

regular basis including

the definition of

in the same

incapacity weekly

permanent

overtime, bonuses or

`wages'

grade at the

earnings may be

employee:

allowances. Overtime,

The total statutory

same work by the

worked out by

bonuses or allowances are

maximum payable

same employer

reference to the

  the short term

averaged over the 13

amounts to

average weekly

NWE includes all

calculation is

weeks before the disability

amount earned by

based on all non 

occurred

$157,955

payments,

others in the same

permanent

5th week onward: Weekly

This includes

allowances or

employment. 

employee earnings

earnings payable as per

lump sum and

benefits received

S 21(2)(a)

in the 4 weeks

the relevant industrial

weekly

during the period,

award, plus any over

prior to incapacity,

compensation

excluding any

For a contractor,

award or service payment

divided by the

benefits. The total

long service

the average pre 

paid on a regular basis,

benefit or

incapacity weekly

actual number of

but excluding overtime,

lump sum and

entitlement,

earnings are to be

weeks in which

bonuses and allowances

weekly benefits,

bonus or gratuity

worked out as if

they were derived

Workers whose earnings

cannot be greater

the worker were an

  the long term

are not prescribed by an

than the total

Generally,

calculation is

industrial award

statutory

employee and if

overtime is

there is an award

based on all non 

First 4 weeks: Average

compensation

excluded unless it

weekly earnings payable

payable

or industrial

was a regular

permanent

(including overtime,

agreement

employee earnings

Additional lump

and established

bonuses or allowances)

applying to the

pattern of work

in the 52 weeks

are averaged over the year

sum and

class of work in

prior to incapacity,

before the

gratuitous care

which the worker

divided by 52

disability occurred

lump sums are

was engaged.  S 22

Any prior periods

5th week onwards: Weekly

not included in

of unpaid sick

payments consist of 85%

this maximum

of the worker's average

leave, or time on

weekly earnings, which are

weekly

averaged over the year

compensation, are

before the disability

disregarded.

occurred.

For a self 

Total Weekly Payments

employed

Total weekly payments of

compensation and lump

person,

sum compensation are

entitlement is

normally limited to the

generally based on

Prescribed Amount (the

earnings in the

maximum total amount

most recently

payable in weekly

completed tax year.

payments and lump sum

Shareholder

settlements, which

employees have a

amounts to $130,609.00

current until 30 June

similar

2003).

assessment.

In certain circumstances,

at the discretion of the

Conciliation and Review

Directorate, an additional

amount of up to $50,000

may be granted in weekly

payments

Heads of Workers' Compensation Authorities  23